New Sexual Assault Laws in California

New Sexual Assault Laws in California

New Sexual Assault Laws in California

I’m Ed Smith, a Sacramento sexual assault lawyer. As of July, employers who have 25 or more employees are mandated in the state of California to provide notice in a written format to newly hired employees explaining their rights regarding sexual assault, stalking and domestic violence. The employers must also make clear to new employees that letting an employee go, retaliating or discriminating against an employee who was sexually assaulted, stalked or who has experienced domestic violence and took time off their job is prohibited. In addition, the employer must make it possible for the employee to remain safe by providing a transfer or a changed schedule if need be.

Changes in Sexual Assault Laws

Due to cases involving celebrities such as Bill Cosby, sexual assault in the workplace or the Brock Turner case, the laws in California concerning sexual assault have changed. In the latter days of 2016, the existence of the statute of limitations regarding sexual assaults was eliminated. Prior to this, the period within which a person could be charged with this crime was 10 years. Now it is mandatory if someone is sexually assaulted while they were incapacitated, unconscious or inebriated and unable to knowingly consent, that the perpetrator must serve a prison sentence, and a judge no longer has the discretion of substituting probation. 

Date Rape Drugs

Under the new laws, possession of date rape drugs, including GHB and flunitrazepam during sexual assault will elevate the charges to a felony from a misdemeanor. Jail time for this crime can range from 16 months to three years incarceration.  

Psychological Injuries Caused by Sexual Assault

Sexual assault may result in serious physical injury. However, psychological and emotional injury caused by an assault can be long-lasting and severe. According to RAINN, this may include depression, flashbacks, post-traumatic stress disorder and may extend to eating disorders, substance abuse or even suicide. Psychological help may be necessary for the victim to cope with the stress and repercussions of a sexual attack.

Incidence of Sexual Assaults in California

Although sexual assaults were in decline in California for several years, 2015 saw an increase in California that was significant. In part, this was due to an expansion of the definition of sexual assault to include both men and women along with other reasons. The Sacramento Bee reported that sexual assaults in the city rose to 46, which was an increase of 59 percent in 2015 over the previous year at the same date.

Incidence of Sexual Assault

According to the National Sexual Violence Resource Center, one out of every five women and one out of every 71 men will be sexually assaulted at some time during their lives. Some of this sexual violence happens in the workplace. When this tragedy occurs to you or a loved one, an experienced injury lawyer who has dealt in recovering damages for sexual assaults can help.

Related Topics by Sacramento Sexual Assault Lawyer, Ed Smith:


Sacramento Sexual Assault Lawyer

I’m Ed Smith, a Sacramento sexual assault lawyer. If you or a member of your family was the victim of a sexual assault in the workplace, please call (916) 921-6400. I provide friendly advice free of charge to help in your situation. If you are long distance, you can reach me at (800) 404-5400.

Million Dollar Advocates allows membership only from top trial lawyers with $1 million or more in settlements or trial verdicts awarded to clients. I belong to this group in California.

I have been in practice as a personal injury lawyer since 1982, helping to defend the rights of the injured to recover damages for their traumatic injuries and in wrongful death claims to provide just compensation for the family.

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